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EncartaLabs

Construction Contract Management and Claims

( Duration: 2 Days )

This Construction Contract Management and Claims training course is designed to help you enhance your knowledge of your key duties, responsibilities and potential liabilities in the area of construction contracts. You will have the opportunity to examine a number of critical legal areas that are relevant to your organisation, cases laws will be discussed with the participants for better understanding on the subject.

By attending Construction Contract Management and Claims workshop, delegates will:

  • Learn how to create a formal contract
  • Deal with contractual clauses that minimises contractual risk
  • How to effectively read tender/bid documents/proposals.
  • Understand how to deal with and focus on impacts and risks in Variation Clause
  • Understand in details entitlement to EOT and concept of Time At Large.
  • Understand Delay Claims
  • Understand, identify and learn about risks and costs involved when dealing MOU/LOI and NDA
  • Suggestion on how Claims can be avoided and focus on best practices on contractual correspondence.
  • Understand the pitfalls in drafting Scope of Work (SOW)
  • Understand methods involved in measuring Contractor Performance.
  • How to deal with dispute and dispute resolution clauses in a contract.
  • Learn Dispute Resolution
  • Learn International Best Practices

The Construction Contract Management and Claims class is ideal for:

  • General Managers, Managing Directors, In house Counsels, Contract Managers, Project Directors, Projects Heads/Managers, Contract Heads, Contract Directors, Claims Manager, Contracts Special lists, Consultants, Engineers, Planners, Schedulers, Quantity Surveyors, Architects and Sub contracts

COURSE AGENDA

1

Contract Law Principles

  • Contracts
  • Offer or Proposal
  • Rejection of an offer / Counter offer.
  • Acceptance
  • Consideration
  • Essentials of Valid Contract
  • Free Consent
  • Quasi Contracts
  • Performance of Contract
  • Breach Of Contract / Material Brach of Contract
  • Battle of Forms
2

Commercial Terms and Conditions

  • Indemnity
  • Assignment and Delegation
  • Successors and Assigns
  • Limitation of Liability/Total Liability Cap
  • Third Party Liability
  • Force Majeure
  • Damages, Liquidated Damages/ Penalty
  • Consequential Damages
  • Negligence/Gross Negligence and Wilful misconduct
  • Exclusive Remedy Provisions
  • Governing Law
  • Insurance
  • Subrogation and Waiver of Subrogation.
  • Representations
  • Warranty
  • Warranty and Guarantee
3

Identifying risk involved and cost implications in

  • Letter of Intent
  • Memorandum of Understanding
  • Non- Disclosure Agreement
  • Understand International Best Practices
4

Scope of Work/Statement of Work (SOW)

  • Understanding Scope in detail
  • Pitfalls in dealing with Scope
  • Guideline for drafting Effective SOW
  • Managing SOW
  • Case Study
5

Commercial Terms in a Contract

  • Understanding Bid Bonds
  • Advance payment Bonds
  • Difference between Bonds and Guarantees
  • Performance Bond/Security
  • Retention Money/Bond
  • Comfort Letter
  • Letter of Credit
  • Parent Company Guarantee
  • Contract Price
6

Types of Contracts

  • Fixed Price Contract or Lumpsum Contracts
  • Cost Reimbursable Contracts
  • Time and Material Contracts
  • Unit rates
  • Maximum Price
  • NAPNOC
  • Measurable
  • Re-measurable contracts
7

IPR Rights in a Contract

  • IPR Ownership Rights in a Contract
8

Dealing with Variations

  • Definition of Variations
  • Variations and SOW
  • Variation Power
  • Limits on Power to direct variations
  • Pricing or valuing variations
  • Formal requirement of Variation Clause
9

Measuring Contractor Performance

  • Understanding typical methods for measuring contractor Performance
  • Taking preventative steps in reducing claims when dealing with Contractor performance
10

Learn Contractual Correspondence when dealing with claims

  • Model Words /Sentences- to protect your company’s interest when dealing with Claims
11

Defects in Construction Contracts

  • Design deficiencies
  • Material deficiencies
  • Specification problems
  • Workmanship deficiencies
  • Latent Defects
  • Patent Defects
  • Liability of Defects under the Contract
  • Defects Notification Period
  • Defect Liability Period
  • Decennial Liability
12

Key issues in Dealing with Construction Claims

  • Extension of Time (EOT)
  • Programme and Records
  • Time is the essence
  • Time at large
  • BOQ
  • Design Error
  • Termination
  • Disruption
  • Cost for Claims preparation
13

Claims arising out of Delay

  • What is Delay
  • Causes of Delay
  • Excusable and non-excusable delays
  • Most common example of delay claims
  • Acceleration
  • Concurrent Delay
  • Float
  • What is required for successful delay claim
  • Heads of Damages
  • Recommendations to avoid delay claims•
14

The Most frequent clauses which give rise to Claims

  • Unforeseeable physical conditions
  • Right of Access to the Site
  • Delayed Drawings or Instructions.
  • Adjustment for changes in legislation
  • Commencement of the Works

Encarta Labs Advantage

  • One Stop Corporate Training Solution Providers for over 6,000 various courses on a variety of subjects
  • All courses are delivered by Industry Veterans
  • Get jumpstarted from newbie to production ready in a matter of few days
  • Trained more than 50,000 Corporate executives across the Globe
  • All our trainings are conducted in workshop mode with more focus on hands-on sessions

View our other course offerings by visiting https://www.encartalabs.com/course-catalogue-all.php

Contact us for delivering this course as a public/open-house workshop/online training for a group of 10+ candidates.

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